BANTI ALIAS VED PARKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (here -in -after called 'Cr.P.C.') for setting aside the order dated 02.12.2013, passed by learned Judicial Magistrate First Class, Palwal and the order dated 14.10.2014, passed by the learned Additional Sessions Judge (I), Palwal, vide which the plea of the petitioner for declaring him as juvenile in conflict with law as per the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here -in -after called 'the Act'), has been dismissed.

(2.) THE petitioner is facing prosecution in case FIR No.330 dated 14.08.2013 under Sections 323, 324, 341, 302 read with Section 34 of the Indian Penal Code, 1860 (here -in -after called 'IPC'), Police Station Camp Palwal, Distt. Palwal. He moved an application before the learned Judicial Magistrate First Class, Palwal for declaring him as juvenile in conflict with law claiming his date of birth to be 20.11.1995 and that he was of 17 years, 08 months and 06 days of age on the date of occurrence i.e. 14.8.2013. After recording the evidence of the parties, the application moved by the petitioner was dismissed by the learned Judicial Magistrate First Class, Palwal vide impugned order dated 02.12.2013. The criminal revision filed against the said order was also dismissed by the learned Additional Sessions Judge (I), Palwal vide impugned order dated 14.10.2014. Hence, this petition.

(3.) LEARNED counsel for the petitioner contended that the petitioner has produced his date of birth certificate Ex.AW2/A and as per that certificate, the date of birth of the petitioner was 20.11.1995. He contended that the date of birth certificate is more authentic than the school certificate relied upon by the prosecution. Thus, he pleaded that the orders passed by the courts below suffers from material illegality.